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1993-05-24 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER MAY 24, 1993 7:00 p.m. 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. Accept Minutes: Reg. April 26, 1993 4. REPORTS OF OFFICERS: Compt/Sup Town Justices Rec. of Taxes Bldg. Insp. Zoning Adm. 5. PETITIONS & COMMUNICATIONS a. Application for Rezoning from Peter Tomasic for parcel located on Old Hopewell Rd. R-40 to HB-lA b. R. Holt, Rec. Comm. Ch. re change of fees policy for Recreation Programs. c. J. Peluse, Marshall & Sterling, Inc., re: Certification of Insurance to be furnished to Town d. Gerald Smith, Pye Lane, re: Request for Sewer Hook-up to Rockingham Sewer e. G. Foster, Corr. (1) Request to attend conference at Cornell June 7-9 (2) Drainage on Smithtown.Rd. (3) Report on Rates for Rental of equipment for 1993 f. C. Smith, Supervisor, request permission for: (1) to advertise for bids for used Furniture (5 Desks, and Standing Ashtrays) (2) Authorize the Engineer to go to bid for the Addition to the Senior Citizen Center g. T/Poughkeepsie, Notice of Public Hearing on an Amendment to the Zng. Ordinance h. C. Garrity, Tri -Muni Ch. re allegations of default on Wappinger Wappinger Expansion Contract i. Plaza Building Corp. request for return of Driveway and Seeding escrow for Lot 420, Sherwood Heights ($2,000 & $2,000) j. J. Paggi, Eng. to Twn. Reports: (1) Salt Storage Shed (2) Wapp. Sewer Transmission/Treatment Imp. Area pre -Construction conference (3) K.Brown/Sherwood Heights site inspection Moccasin Hill Subdivision (5) Montegari 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT H. Levenson report 8. RESOLUTIONS a. Consider Bid for Salt Storage Facility b. Consider inter -municipal Agreement with Village of Wappingers Falls for Salt Storage Facility c. Resolution for Proposed Local Law in connection with increase of Subdivision Recreation Cash in lieu of land Fees d. Resolution for introduction of Proposed Local Law for Capolino Rezoning 9. UNFINISHED BUSINESS 10. NEW BUSINESS 11. ADJOURNMENT ' "M p RM52493 REGULAR MEETING MINUTES TOWN BOARD OF WAPPINGER MAY 24, 1993 The regular Meeting of the Town Board of the Town of Wappinger as held on May 24, 1993 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith called the Meeting to order at 7:00 P.M. Present: Constance Smith, Supervisor James Mills, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Robert Wallace, Councilman Elaine Snowden, Town Clerk Absent: None Others Present: Albert Roberts, Attorney Joseph E. Paggi, Jr., Engineer Herbert Levenson, Zoning Administrator The Supervisor asked all to join in the Pledge of Allegiance to the Flag at the commencement of the Meeting. MINUTES The Minutes of the Regular Meeting of April 26, 1993, having previously been forwarded to the Board Members, were placed before them for their consideration. MRS. VISCONTI moved that the above stated Minutes, be and they are hereby approved as submitted by the Town Clerk. Seconded by Mr. Wallace. REPORTS Motion Unanimously Carried Reports for the month of April were received from the MN Supervisor/Comptroller, Town Justices, Receiver of Taxes, Building Inspector, Zoning Administrator, Highway Superintendent. RM52493 MRS. VISCONTI moved to accept the above stated reports and place them on file. Seconded by Mr. Wallace Motion Unanimously Carried PETITIONS & COMMUNICATIONS An Application For a Change of Zone was received from Peter Tomasic for a parcel of land located on Old Hopewell Road requesting to go from R-40 to HB -1A. Mr. Mills also added that in exchange for rezoning, Mr. Tomasic will give some properties for a long-range plan for a feeder road in the vicinity. MR. VALDATI moved to refer the rezoning request to the Planning Board for review and recommendation. Seconded by Mr. Mills. Motion Unanimously Carried The Recreation Commission requests that the Town Board consider approving a policy of NO REFUND OF FEES after the summer program has started, since the fees are so nominal. They would also like to institute an additional LATE FEE for the summer and winter program sign-ups for residents who sign up after the Programs have started. They recommend a LATE FEE of $5.00. MRS VISCONTI moved to adopt the recommended policy for the Recreation Commission. Seconded by Mr. Wallace. Motion Unanimously Carried The following letter was received from Jack Peluse, our agent with Marshall & Sterling Insurance, Inc.: Dear Connie: This will confirm our conversation of May regarding 12th re ardin the Village sweeping certain highways located within the Town of Wappinger. This situation really presents no problem from an insurance standpoint, however, I suggest the Town request the Village of RM52493 Wappingers Falls to name the Town of Wappinger as an additional insured on its General Liability policy. A Certificate of Insurance should be furnished to the Town. This is a customary practice within business & industry and should present no problem. I trust this letter clarifies the situation from a Risk Management standpoint and it I can be of any further assistance, please contact me. S/ Jack Peluse, CIC Mrs. Visconti suggested that at the beginning of the calendar year a certificate of Insurance be given to the Town as a "blanket" policy. MRS. VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Mills. Motion Unanimously Carried A letter was received from Gerald Smith, Pye Lane, Wappingers Falls, requesting authorization to hook-up to Rockingham Sewer as a Tenant to the District. He also enclosed a copy of a letter from the Dutchess County Health Department supporting his request to hook into Rockingham Sewer District because of a septic failure which needs to be corrected immediately. MRS. VISCONTI moved to allow Mr. Smith to become a Tenant to the Rockingham Farms Sewer District. Seconded by Mr. Wallace Motion Unanimously Carried Several correspondences were received from Graham Foster, Highway Superintendent. The first was a request to attend the Highway Superintendents School at Cornell University on June i, 8 & 9. MR. MILLS moved to approve the request from the Highway Superintendent to attend the conference at Cornell University and all legitimate expenses be a Town charge. Seconded by Mr. Wallace Motion Unanimously Carried RM52493 Secondly is a Petition from the Home Owners of Smithtown Road stating their serious concern about Water Drainage from the road to their properties. They further expressed their belief that if a drainage ditch was properly constructed on both sides of Smithtown Road, it would solve the problem. Mr. Foster stated that he feels that there are some legitimate drainage problems in this area but because of the lack of an adequate discharge point, the Town may not be able to help these people. Mr. Foster would like recommendations from Joseph Paggi, Engineer to the Town, on the matter. MRS. VISCONTI moved that it be referred to J. Paggi for a recommendation. Seconded by Mr. Valdati Motion Unanimously Carried Thirdly, are the Annual Equipment Rental Rates for the calendar year of 1993 from various rental equipment companies which are submitted for consideration. MRS. VISCONTI moved that the above stated correspondence be accepted and placed on file. Seconded by Mr. Valdati Motion Unanimously Carried Supervisor Connie Smith is requesting permission to advertise her bid for used furniture: Five desks and five standing ashtrays. MRS. VISCONTI moved to authorize the Town Clerk to go to bid for the above stated items. Seconded by Mr. Valdati Motion Unanimously Carried The Supervisor requests authorization for the Architect to go to bid for the addition to the Senior Citizens Center. RM52493 MRS. VISCONTI moved to authorize the Architect to prepare the necessary Specs and advertise for bids for the addition to the Senior Citizen Center. Seconded by Mr. Wallace Motion Unanimously Carried mom The following notice was received: Town of Poughkeepsie, Public Hearing to be held on June 23, 1993 at 6:30 PM to consider an amendment to the Zoning Ordinance and the Code of Ordinances of the Town of Poughkeepsie. MR. VALDATI moved to place the correspondence on file. Seconded by Mrs. Visconti Motion Unanimously Carried A letter was received from Carol Garrity, Tri -Municipal Chairman, regarding allegations of default on Wappinger Expansion Contract. MRS VISCONTI move to table it and refer the matter to Executive Session at the conclusion of the Agenda. Seconded by Mr. Wallace Motion Unanimously Carried Two Letters Requesting the return of Escrow funds for Lot #20, Sherwood Heights, one for Landscaping and one for Seeding ($ 2,000 & $ 2,000) from Mr. Zvi Segal, Plaza Building Corp. were received along with appropriate recommendations from the Town. MR. VALDATI moved to refund the Escrow funds based upon all the appropriate documents being in place. Seconded by Mrs. Visconti Motion Unanimously Carried Several Reports received from J. Paggi. First is the area of the Salt Storage Shed. Joseph Paggi stated that additional excavating was needed on the site based upon a recommendation from a geotechnical report. In RM52493 doing so three (3) very soft sponge spots were discovered in the subgrade, he ordered the contractor, (Black Top Maintenance) to excavate these suspected areas to a depth of 3 1/2' and replace with 2 1/2' of 2 1/2" to 3" broken stone followed by one (1') foot of 1/2" crushed stone. The work is done and completed and the total amount of the additional cost to remove and backhoe is $ 1,470.50. Prior approval was already granted. MRS. VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Mills Motion Unanimously Carried Secondly, is correspondence regarding the Wappinger Sewer Transmission & Treatment Improvement Area, Phase 1, Contract 1, Pre -construction Job Conference. The correspondence includes a list of Attendees and the Minutes, dated May 12, 1993. MRS. VISCONTI moved to accept the correspondence. Seconded by Mr. Valdati Motion Unanimously Carried Thirdly, is the response to the Kenneth Brown letter of April 14, 1993, regarding the Sherwood Heights site inspection. Mr. Paggi stated that at the result of the last Town Board Meeting and the correspondence, he and Mr. Foster went out on May 7, to look at the site and it was his opinion, as well as Mr. Foster's, that as the driveway exists today, there is not sufficient site distance to the south because of the existence of some white pines on the property located just to the south. The pines appear to be on private property -- about 17 total. However, if all the white pines were removed, it would appear that there would be adequate site distance. The Supervisor commented that even if they remove all the trees, it remains a dangerous situation because of the hill and a curve. RM52493 There was some discussion about obtaining permanent site easements in order to assure visual safety for the future. MRS. VISCONTI moved to accept the correspondence with the amended statement of obtaining permanent site easements and place it on file. mm She further stated to give a copy of the letter to the Zoning Administrator in the event someone comes in for that piece of land and they know what has to be done in the event they want to build there. Also that a copy of the letter be sent to Mr. Brown. Seconded by Mr. Valdati Motion Unanimously Carried Fourth, is regarding the Moccasin Hill Subdivision. Mr. Paggi stated that again as a result of the last Town Board Meeting and correspondence, he and Mr. Foster inspected the Moccasin Hill Subdivision. He stated that finding a Punch List that was generated in July of 1984 stating certain things were to be �00 done, was precipitated by the discovery of a Maintenance Bond which the Town held for the performance of this work. It is difficult to ascertain whether or not the work was done nine years ago. Mr. Paggi stated that since the roads are in fairly decent shape, he would recommend that the Highway Superintendent be directed to maintain the Road as he has done in past nine years and not spend any dollars on it. MRS. VISCONTI moved to accept the recommendation of Mr. Paggi, and permit the Highway Superintendent to maintain the roads in the Mocassin Hill Subdivision. Seconded by Mrs. Smith Motion Unanimously Carried IY.r Last, is the matter concerning a letter from Mr. Montegari dated April 9, 1993. With respect to the drainage problem, Mr. RM52493 Paggi stated that upon direction from the Town Board, they could design some culvert and/or catch basin arrangement to direct the runoff across Mr. Montegari's driveway. MRS. VISCONTI requested that, based upon Mr. Paggi's recommendation, it be placed in a Work Shop on June 14. Correspondence was received from Mr. Paggi regarding the Change Order of the Drainage Improvement Project on Russell Road. The Change Order is a result of field conditions which could not be determined prior to the commencement of work. Mr. Paggi asked that the Supervisor be authorized to execute the Change Order. MRS. VISCONTI moved to approve the Change Order and the Supervisor be authorized to execute it. Seconded by Mr. Valdati Motion Unanimously Carried COMMITTEE REPORTS Mr. Mills had no reports for this meeting. Mr. Valdati had no reports for this meeting. Mr. Wallace had no reports for this meeting. Mrs. Visconti, Robinson Lane bridge is down. Mr. Foster commented that we will need to re-route the trucks for pick-up. Mrs. Smith invited everyone to attend the Memorial Day dedication of the statue that is being donated to the Town of Wappinger on May 30th at 2:00 p.m. Also there will be a Memorial Service with the Village of Wappingers Falls on Monday. Mrs. Smith also commented that our attorney, Albert Roberts, is now with the law firm of Virgilis, Stenger & Lucia. BONDS & LETTERS OF CREDIT A report was submitted by Mr. Levenson on the status of Bonds and Letters of Credits for the current subdivisions. �0 RM52493 MRS. VISCONTI moved to accept the reports furnished by Mr. Levenson and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried RESOLUTIONS The first resolution was the consideration of the Salt Storage Facility, it was pointed out that out of 14 bids sold, only 1 was returned. Mr. Paggi further commented that the bid was from Eberhard Construction from LaGrange in the amount of $268,000. Mr. Paggi recommends that the bid be rejected and rebid. MR. VALDATI moved to reject the single bid received on the basis of it being the only bid received, and further directed the Engineer to the Town to rebid the Salt Storage Facility. Seconded by Mr. Mills Motion Unanimously Carried MRS. VISCONTI moved to approve the following inter -municipal joint project agreement between the Village of Wappingers and the Town of Wappinger for the construction of a Salt Storage facility, and authorize the Supervisor to sign said agreement. Seconded by Mr. Valdati Motion Unanimously Carried Agreement: WHEREAS, the Town, and Village use salt and salt/sand mixtures and the like for use in snow and ice control and related operations for the maintenance of their respective roads and highways; and WHEREAS, the New York State Department of Environmental Conservation (hereinafter referred to "DEC") has deemed the improper storage of salt to be a potential health hazard and has determined that storage of salt shall be contained in such facilities that will minimum hazards to the public health and safety; and WHEREAS, DEC has drafted, but not formally promulgated, the guidelines for the construction of salt storage facilities; and WHEREAS, the parties have agreed to construct a sand/salt storage and handling facility to serve as a storage and distribution center for salt, sand and any similar or successor materials for use in snow and ice control and related operations, which facility would be of sufficient size and capacity to handle the needs of the Town and the Village as RM52493 hereinafter identified; and WHEREAS, the Town intends to construct such facility at the existing Town highway complex located on Old Route 9 in the Town; and WHEREAS, a joint facility will avoid duplication of such facilities and will reduce the number of outmoded storage centers in the area and will generally provide a state of the art storage facility; and WHEREAS, the parties can achieve significant cost savings by constructing a single structure with a shared service area to provide for the individual needs of the respective citizens of each municipality. NOW, THEREFORE, the parties hereby agree as follows: 1.. TOWN/VILLAGE JOINT PROJECT. The Town and Village shall cause the construction of a sand/salt storage and handling facility (the "facility") as a joint project pursuant to General Municipal Law Article 5-G in accordance with terms hereinafter enumerated. The Town shall cause the construction of such a facility at the existing Town highway complex located on Old Route 9 in the Town in accordance with any applicable rules and regulations in existence at the time said construction commences. The plans and specifications as prepared by Advanced Storage Technology, Inc., for the proposed facility are attached hereto, made part of, and are marked and designated Exhibit "A". Each of the parties to this Agreement hereby approves the plans specifications as set forth in Exhibit "A". The Town and Village shall share the costs of the joint project pursuant to each party's pro -rata share and designated use of the facility as hereinafter set forth. 2. TERM. The term of this joint project shall extend from the execution of this Agreement through any subsequent lease renewal periods as herein set forth. 3. FINANCIAL CONTRIBUTION FOR CAPITAL COSTS. A. Town and Village. The Town and Village shall pay their pro -rata share of capital costs of the project by the payment of a lump sum payment on or before July 1, 1993 in accordance with their respective use; the Town shall pay 83.3 percent of said capital costs and the Village shall pay 16.7 percent of said capital costs. The Village expressly agrees to pay for its pro -rata share of the capital costs of the construction on or before July 1, 1993. B. Definition. Capital costs for the purposes of this paragraph shall be deemed to include all costs of construction, including related professional fees for lawyers, engineers, architects, and accountants. C. Determination of Capital Costs. The capital costs for the project shall be determined by the Comptroller to the Town and such determination will be submitted within thirty (30) days of completion of construction. However, in the event final costs cannot be determined prior to the availability of the structure for occupancy, the Comptroller will notify the Village of its estimated pro -rata share of the capital costs so that their payment for same can be made in a timely fashion. In the event such an estimated capita]_ cost of construction is submitted to the Village, a final statement will be submitted by the Comptroller within thirty (30) days of completion of the project; any adjustments to the purchase price will be made within twenty (20) days thereafter. The Village will have the right to examine the determination of capital costs as prepared by the Comptroller. The Town will be required to give due RM52493 consideration to all objections and/or relevant factors submitted by the Town shall make a final determination of such costs and allocations by resolution of the Town Board and shall notify the Village of its determination. 4. RESERVATION OF RIGHT TO TERMINATE. This joint project is entered into with the express understanding that the total estimated costs of construction, including related professional fees is not expected to exceed $250,000.00. The Village expressly reserves the right to terminate this contract if the estimated capital costs by the Town's engineers and/or the bid from the lowest responsible bidder will result in a total cost which will exceed the sum of $250,000.00. The Village agrees to have representatives present at the bid openings at the Town Hall. In the event the Village wishes to terminate this contract, it must do so within seven ( 7 ) calendar days for the date of the opening of the bids. 5. LOCATION AND GENERAL DESCRIPTION OF THE JOINT PROJECT. A. Location. The facility shall be located, constructed and erected on Town owned property presently occupied by the Town Highway Department on Old Route 9 in the Town (tax map grid #19-6157-01-497978). B. Structure. The facility to be constructed shall be approximately 104 feet long by 80 feet wide by 45 feet high and shall contain approximately 7,524 square feet of interior storage plus working area: (1) nine hundred and nine (909) square feet of the material storage area of the facility will be dedicated to the use and leased to the Village pursuant to paragraph "6" below. C. Use. The facility shall be used as a storage and distribution center for salt, sand, and like, similar, and appurtenant materials for use in snow and ice control and related operations on public highways as well as such other municipal uses as the parties may unanimously deem appropriate. D. Access. The Village shall have the right, together with the Town, of ingress and egress for their highway trucks and vehicles to the facility from the nearest public highway as necessary to effectuate the purpose and intent of this Agreement. E. Equipment. The Town shall provide machinery- and equipment necessary to store salt and sand within the facility, as well as sufficient equipment and machinery to load the sand and salt onto highway maintenance trucks/vehicles for all parties. No party shall be deemed to have exclusive use of its pro -rata portion of the structure, and it is expressly contemplated that each of the parties shall jointly use the storage area and staging areas, all as shown on Exhibit "B" attached hereto and made part hereof. F. RECORD OF MATERIALS. The Town shall record the quantities of salt or salt/sand mixtures loaded on the vehicles of all parties and shall submit monthly reports of the amounts used by the respective parties. 6. LEASE TO VILLAGE. The Town demises and leases to the Village and the Village leases from the Town an undivided 16.7 percent of the material storage area of the facility plus a necessary portion of the staging area for an initial term of thirty (30) years measured from the first day of the month next following the date of substantial completion as certified by the engineer to the project. 7. VILLAGE RENTAL PAYMENT. The Village shall make a one-time lump sum payment equal to 16.7 percent of the capital costs as set forth in paragraph "3.A." above. Said payment shall be made on or before July 1, 1993. Upon payment of the above sum, the Village shall be required to make no further payments for the occupancy of the building except as provided in paragraph "17" below. RM52493 8. OPTION TO RENEW. A. Village. Upon expiration of the initial thirty (30) year term, the Village shall have the option to renew this lease for an additional period of fifteen (15) years upon the same terms and provisions as herein set forth in paragraph "17" below. Thereinafter, the Village may renew this lease in subsequent periods of five (5) ,years for the usable life of the building as a salt storage facility with no further rental payments except those set forth in paragraph "15" below. At least ninety (90) days prior to the expiration of the initial term herein granted or any renewal thereof, the Village shall give written notice to the Town of its intent to renew the lease. 9. ENGINEERING NARRATIVE AND PRELIMINARY PLANS. The structure, access ways and staging area shall be designed and constructed in accordance with the plans attached hereto as Exhibits "A". The plans have been prepared by Advanced Storage Technology, Inc. of Amherst, New York (hereinafter "AST"). 10. ESTIMATED COST OF JOINT PROJECT. All costs shall be shared in accordance with the pro -rata construction and rental payments made by the parties. These costs shall include, but not be limited to, architectural, engineering and related services, including site evaluations, necessary environmental reviews, including SEAR, permits and all other miscellaneous items. The Town estimates the total costs from design through construction of the project shall not exceed Two Hundred and Fifty Thousand ($250,000.00) DOLLARS. 11. ARCHITECTURAL AND ENGINEERING SERVICES. The Town will provide for architectural, engineering and legal services necessary for the construction and completion of the project including, site evaluation, design and construction inspection. 12. GOING TO BID. Upon completion of the specifications and Town approval, the project shall be put to bid using the construction bid documents prepared by the engineers. AST shall advise the parties in writing of the construction bids. The Town shall award the contract for construction to the lowest responsible bidder. The notice to bid shall contain a clause that the Town reserves the right to reject all bids and to rebid the project in its sole discretion. 13. NOTICE OF COMPLETION. Upon receipt of a notice of completion or the like, AST shall so notify the parties. The parties shall inspect the premises within fourteen (14) days of that notice to determine if its complies with the construction documents and is otherwise suitable for occupancy. No later than seven (7) days after such inspection, the parties shall notify each other in writing either that it accepts occupancy as proposed or it objects to occupancy for specific reasons or that it will accept occupancy subject to certain conditions. However, if the premises comply with the construction documents set forth in Exhibits "A" and "B" as certified by the Engineer to the Town or AST, then none of the parties may decline occupancy. 14. FACILITY MAINTENANCE. Upon occupancy, the Town, shall provide utilities and routine maintenance for the facility, in its entirety, and keep same in good condition, including the interior space occupied by the Village, the staging area, access ways, roof and walls. 15. FUTURE CAPITAL EXPENDITURES. A. The parties shall agree upon the nature and extent of future capital replacement items and major repairs and now they will be accomplished. The parties shall share the cost thereof pro -rata in accordance with this Agreement, except to the extent that any damages are the result of the negligence of any individual party, then, and in that case, the sole RM52493 responsibility for the payment of same will rest with the negligent party. B. Relative to the allocation to the Village of any additional capital costs for improvements to be made in the future, the parties agree that the Town shall notify the Village of any proposed capital expenditures which are necessary for the continued use of the structure as a salt storage facility. The determination of such costs shall be provided to the Village in writing. The Village will have the right to respond to such proposal or to request further fact finding by the Town relative to the determination of such costs to be allocated to the Village. The Town will be required to give due consideration to all relevant factors submitted by the Village to the Town relative to the necessity for such capital expenditures. The Town shall make a final determination of such costs and allocations by resolution of the Town Board and shall notify the Village of its determination. 16. RESPONSIBILITY FOR REMEDIATION ARISING OUT OF CONDITION OF SITE. Notwithstanding anything to the contrary contained herein, so long as this Agreement is in effect, the parties shall share pro -rata responsibility for any expenses to be incurred to address and satisfy environmental issues which arise out of the use of the facility and site. This clause shall not apply to any environmental issues existing prior to the construction and use of the subject facility. 17. FIRE DAMAGE CATASTROPHE OR CASUALTY LOSS. If the facility is destroyed or damaged by fire, catastrophe, casualty or other cause, the parties shall have a joint obligation to repair and rebuild in accordance with the pro -rata construction responsibilities set forth in this Agreement. The Town shall carry insurance at the replacement value of the facility. 18. NOTICE REQUIREMENTS. Any notice required or desired to be given or served by either party hereunder shall be deemed to have been given or served by either party when made in writing and mailed by certified or registered mail, postage pre -paid, addressed as follows: To the Town: Town Supervisor and Highway Superintendent Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 To the Village: Village Mayor Village of Wappingers Falls 7 Mill Street Wappingers Falls, NY 12590 19. QUIET ENJOYMENT. The Town covenants and agrees with the Village that, upon the Village making the payments provided for herein and observing and performing all the terms, covenants and conditions on its respective part to be observed and performed, the Village, may peaceably and quietly enjoy the facility hereby demised. 20. CROSS -INDEMNIFICATION. The parties shall respectively keep, save and hold harmless the other from any and all damages and liabilities for anything and everything whatsoever arising from or out of this Agreement due to any fault or negligence by either of them for any failure on their respective part to comply with any of the covenants, terms and conditions herein contained. RM52493 21. TITLE TO THE FACILITY. Title to the facility and all appurtenances shall at all times vest in the Town, subject to the interests of the Village as set forth herein. 22. ENTIRE AGREEMENT. The terms of this Agreement, including its attachments and exhibits, represent the final intent of the parties. Any modification, rescission or waiver of the terms of this Agreement shall be effective only if evidenced by a subsequent writing, which is executed and acknowledged by the parties with the same formalities as this Agreement. The following Resolution was moved by Councilperson Visconti and seconded by Councilperson Mills: WHEREAS, the Town Board is cognizant, of the number of approved but not developed subdivisions and subdivisions pending but not approved before the Planning Board, which subdivisions will, when developed, will result in an increased number of inhabitants in the Town; and WHEREAS, the Town Board further acknowledges that New York State Town Law authorizes a Town to set aside land within a subdivision to be used solely for recreational purposes or, in the alternative, and as a substitute for said recreational lands, to take a fee per lot subdivided in an amount to be determined by the Town Board from time to time; and WHEREAS, the Town Board further acknowledges that it is the policy of the Town Planning Board to take or set aside further recreational lands whenever possible; and WHEREAS, there are circumstances under which the Planning Board may not deem it appropriate to accept or set aside lands for recreational purposes and that a recreational fee is appropriate; and WHEREAS, the Town Board, pursuant to Local Law #12 of 1988 established a recreational fee for the Town of Wappinger at the sum of $900,000 per lot; and WHEREAS, the Town board has reviewed the recreational needs of the Town, has reviewed the recreational fees per lot charged by other nearby municipalities and has been advised that the value of bulk vacant acreage in the Town is approximately $2,000.00 or more per acre; WHEREAS, the Town Board has determined it would be appropriate to increase the subdivision recreation fees to the sum of $1,500.00 per lot; and WHEREAS, the Town Board has reviewed the proposed increase in subdivision fees in accordance with the criteria set forth in SS 617.11 NYCRR and Town of Wappinger Local Law #6 of 1992 and determined that the proposed action is an Unlisted Action and an action where there are no other involved agencies; and WHEREAS, analysis of the Short Form EAF reveals that the proposed increase in fees will not result in any environmental impacts. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby RM52493 9( introduces for consideration of its adoption proposed Local Law # of 1993, entitled "A Local Law Increasing Subdivision Recreation Fees" in the form annexed hereto. 2. The Town Board of the Town of Wappinger hereby determines that the intended action, that is, the increase of the subdivision recreation fees, is both an Unlisted Action pursuant to ARticle 8 ECL and the related Title 6 - SS 617 NYCRR, and Local Law #6 of 1992 and an action for which there are no other involved agencies. 3. The Town Board hereby declares itself Lead Agency pursuant to Article 8 ECL in the related Title 6 SS 617 NYCRR. 4. The Town Board has caused to be completed Part 1 and Part 2 of the Short Form EAF, the form annexed hereto. 5. The Town Board has reviewed the intended action with respect to the Criteria set forth in SS 617 NYCRR and hereby determines that the intended action, i.e., the increase in subdivision fees from $900.00 per lot to $1,500.00 per lot, do not create any significant adverse impacts in the environment for the following reasons: a. The sum of $1,500.00 is substantially less than the cost of ray land acreage (the Town Tax Assessor has advised the Town Board that according to this records, raw land acreage has a value of approximately $2,000.00 - $3,000.00 per acre); b. The sum of $1,500.00 per lot recreation fee is consistent with recreation fees charged by other municipalities; C. The present and future recreation needs of the Town of Wappinger are such that improvements will have to be made to existing recreation lands in order to accommodate the needs of the community. 6. Based on the foregoing, the Town Board hereby issues a Negative Declaration of Significance for this project. 7. The Town Supervisor is authorized to execute Part 3 of the Short Form EAF and the Town Clerk is directed to provide for its filing and distribution as provided by law. 9. The Town Board, Town of Wappinger hereby schedules a Public Hearing regarding the adoption of the annexed proposed Local Law for 6:50 p.m. on the 28th. day of June, 1993 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspaper not less than ten days prior to the public hearing date. 10. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: CONSTANCE O. SMITH - Aye ROBERT L. VALDATI - Aye JUNE A. VISCONTI - Aye ROBERT P. WALLACE, JR. - Aye JAMES MILLS, JR. - Aye 0` RM52493 The resolution is hereby duly declared adopted. The following resolution was moved by Councilperson Visconti and seconded by Councilperson Valdati. WHEREAS, the Town Board of the Town of Wappinger has heretofore received an application from the estate of Margaret Capolino and Keith Capolino, dated July 17, 1992, to rezone two contiguous parcels owned by them and located between Middlebush Road, Old Hopewell Road and Route 9D, from their present zoning classification of R-20/40 to Multi -Family RMF -3; and WHEREAS, the request for rezoning has been referred to the Dutchess County Planning Department, and by letter dated August 24, 1992 the Dutchess County Planning Department noted that it has no objection to the subject rezoning and suggested that the property be rezoned to multi -family use with the explicit written provision that the approval of the rezoning does not imply any approval of encroachment on any flood plain or flood way; and WHEREAS, the matter has been further referred to the Town of Wappinger Planning Board pursuant to Section 602 of the Zoning Law of the Town of Wappinger, and by resolution dated the 16th day of March, 1993, the Wappinger Planning Board has recommended to the Town Board that the subject premises be rezoned to RMF -3, with the express understanding that the Planning Board's recommendation is not to be construed as a commitment to any specific development of the site at the maximum density permitted by RMF -3 and with the further understanding that the extent of any development will be determined at the time the Planning Board completes a site specific SEQRA/Environmental Review and Site Plan Review, when, as and if the property owners submit an application for development in accordance with the RMF -3 zoning district; and WHEREAS, the Town Board has caused the formation of the Wappinger Sewer Transmission Treatment Improvement which will construct a sewer trunk line through the subject premises; and WHEREAS, the Town Board has directed the Engineers to the Town to prepare a map plan and report for a second improvement (commonly known as Phase III A) area which will provide sewage treatment capabilities to the subject parcels utilizing the sewer trunk line above mentioned; and WHEREAS, the applicants have represented they have no present intention of developing the subject premises and will not make a request for approval of any plans for the development of the premises until authorization for construction of the expansion of Tri -Municipal Sewer Facilities, known as Phase III A is approved and contracts awarded thereon, and, will not start construction of the project, until the completion of the sewer expansion facilities for Phase III A, or suitable alternative sewer facilities provided; and WHEREAS, prior to any developmental approval by the Planning Board, the Planning Board will undertake a full SEQRA environmental review, including the preparation of an EIS, if necessary, as determined by the Planning Board; and RM52493 WHEREAS, the proposed rezoning is an Unlisted Action pursuant to the criteria set forth in 617.11 NYCRR and Town of Wappinger Local Law No. 6 of 1992 and an action for which there are no other involved agencies; and WHEREAS, analysis of the long form EAF reveals that the proposed rezoning will support a multi -family development provided the premises are served by community water and sewer; and WHEREAS, the Town Board of the Town of Wappinger desires to consider the formal adoption of the proposed amendment to the Zoning Law of the Town of Wappinger and related Zoning Map of the Town of Wappinger by changing the zoning classification of the premises owned by the Estate of Margaret Capolino and Keith Capolino from R-20/40 to RMF -3. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law of the year 1993 in the form annexed hereto; except as specifically modified by the amendments contained herein, the Zoning Law has originally adopted and amended from time to time thereafter is to remain in full force and effect and is otherwise to be ratified, readopted and confirmed. 2. The Town Board of the Town of Wappinger hereby determines that the intended action, i.e., the adoption of the aforesaid Local Law, is both an Unlisted Action pursuant to Article 8 ECL and the related Title 6, Part 617-NYCRR and Local Law 6 of 1992 and an action for which there are no other involved agencies. 3. The Town Board hereby declares itself Lead Agency pursuant to Article 8 ECL and the related Title 6, Part 617-NYCRR. 4. The Town Board has caused to be completed Part 1 and Part 2 of a long form EAF, in the form annexed hereto. 5. The Town Board has reviewed the attended action, i.e., the change in zoning classification of the subject premises from R-20/40 to RMF -3 and hereby determines that the intended action will not create any significant adverse impacts on the environment for the following reasons: a. The ultimate development of the site for multi -family use will not result in the greater density units of bedrooms than that permitted under the existing zoning; b. The development of the site for multi -family use will create the potential for significantly greater open spaces and significantly less disturbance of the site; C. The site borders on one state highway and two county highways which are better suited to accommodate the traffic patterns of a multi -family residence than town roads; d. The rezoning of the subject premises will not result in the commencement of any immediate construction activities; RM52493 e. A site specific environmental. review will be necessary to obtain approval for the development of the site; f. Since it will be several ,years before application can be made for the development of the site, any projection of site-specific impacts at this time is speculative and should be deferred until the site specific environmental review is completed. 6. Based on the foregoing, the Town Board hereby issues a NEGATIVE DETERMINATION OF SIGNIFICANCE for this amendment of the Zoning Map. 7. The Town Supervisor is hereby authorized to execute Part 3 of the long form EAF and further directs the Town Clerk to provide for its filing and distribution as provided by law. 8. The Town Board of the Town of Wappinger hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law for 6:30 p.m. on the 28th day of June, 1993 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. 9. The Town Board of the Town of Wappinger hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. The Town Board of the Town of Wappinger hereby acknowledges the approving recommendation of the Dutchess County Planning Department dated August. 24, 1992, subject to the comments contained therein, and the resolution of approval of the Town of Wappinger Planning Board dated the 16th day of March, 1993, subject to the comments contained therein, and is acting pursuant, to the recommendations contained therein. The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: CONSTANCE O. SMITH - Aye ROBERT L. VALDATI - Aye JUNE A. VISCONTI - Aye ROBERT P. WALLACE, JR. - Aye JAMES MILLS, JR. - Aye The resolution is hereby duly declared. adopted. RM52493 UNFINISHED BUSINESS Albert Roberts was recognized by the Chair and updated the Board on the land swap between the Town of Wappinger and Mr. Fulton as per the contract with Mr. & Mrs. Fulton. He stated that he received a phone call late on Monday night from one of Senator Saland's assistants and said that they are preparing the draft resolution to be introduced to the Senate by Senator Saland. As soon as it is completed it will be telefaxed to us for approval. The Town Board will have to ask for formal legislation and we cannot do that until the bill is presented in final form. It may be that the Town Board will have to reserve a time slot on the June 14th Work Shop because the State Legislature is closed Monday, July 5, in observance of the Fourth of July Holiday, and the June 28th Meeting will not give sufficient time. He further stated that Senator Saland also received correspondence from New York State Office of Parks, Recreation and Historic Preservation stating that they do not object to the enactment of legislation authorizing the exchange. Mrs. Visconti stated that a meeting has been set on May 27, 1993, at 2:00 p.m. and another at 7:00 p.m. for a discussion regarding Wildwood Condominiums and the impact of separating their Common Charges. There was no new business to come before the Board. Mr. Valdati moved to go into Executive Session at 7:55 P.M. Seconded by Mr. Mills. At 8:25 P.M. the Board returned, all members present. MRS. VISCONTI moved that the Board authorizes the Supervisor to send a letter to the DEC regarding the recommendation they made for the new construction on the Tri -Municipal Water System. Seconded by Mr. Valdati Motion Unanimously Carried uN N RM52493 MRS. VISCONTI moved to adjourn the meeting, seconded by Mr. Wallace and unanimously carried. The Meeting was adjourned at 8:28 P.M. Elaine Snowden Town Clerk